Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (4)
- Jurisprudence (2)
- Legal History (2)
- Agency (1)
- Antitrust and Trade Regulation (1)
-
- Banking and Finance Law (1)
- Business Organizations Law (1)
- Entertainment, Arts, and Sports Law (1)
- Food and Drug Law (1)
- Health Law and Policy (1)
- Intellectual Property Law (1)
- International Law (1)
- Law and Politics (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Remedies (1)
- Public Law and Legal Theory (1)
- State and Local Government Law (1)
- Keyword
-
- Congress (2)
- Agency (1)
- Amendability (1)
- Amendment (1)
- Antitrust (1)
-
- Art (1)
- Attribute-based Medicine (1)
- BiDil (1)
- Bill (1)
- Breaches of Rights (1)
- Child Pornography (1)
- Commerce Clause (1)
- Congressional eras (1)
- Constitution (1)
- Constitutional Amendments (1)
- Copyright (1)
- D.C Circuit (1)
- Discrimination (1)
- Due Process (1)
- Economic substantive due process (1)
- Equal Protection (1)
- Ethics (1)
- Extra territorial (1)
- Fair Use Doctrine (1)
- Federal Drug Administration (1)
- Federal Marriage Amendment (1)
- Federalism (1)
- Goodridge v. Department of Public Health (1)
- Google (1)
- Government actors (1)
Articles 1 - 29 of 29
Full-Text Articles in Law
The "New Judicial Federalism" Before Its Time: A Comprehensive Review Of Economic Substantive Due Process Under State Constitutional Law Since 1940 And The Reasons For Its Recent Decline, Anthony B. Sanders
American University Law Review
The coming of the New Deal may have spelled the end of the Lochner era in the federal courts, but in the state courts Lochner's doctrine of economic substantive due process lives on. Since the New Deal, courts in almost every state have rebuffed the United States Supreme Court and have interpreted their own state constitutions' due process clauses to provide substantive protections to economic liberties. This Article presents a comprehensive survey of state court use of economic substantive due process since the New Deal. It includes an enumeration of every instance since 1940 of a state court of highest …
Theorizing Agency, Susan Carle
Theorizing Agency, Susan Carle
American University Law Review
Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …
Homegrown Child Pornography And The Commerce Clause: Where To Draw The Line On Interstate Production Of Child Pornography, Lauren Bianchini
Homegrown Child Pornography And The Commerce Clause: Where To Draw The Line On Interstate Production Of Child Pornography, Lauren Bianchini
American University Law Review
No abstract provided.
Balancing Deterrence, Comity Considerations, And Judicial Efficiency: The Use Of The D.C. Circuit's Proximate Cause Standards For Determining Subject Matter Jurisdiction Over Extraterritorial Antitrust Cases, Stephanie Casy
American University Law Review
No abstract provided.
The Historical Amendability Of The American Constitution: Speculations On An Empirical Problematic, Darren R. Latham
The Historical Amendability Of The American Constitution: Speculations On An Empirical Problematic, Darren R. Latham
American University Law Review
No abstract provided.
Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis
Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis
American University Law Review
No abstract provided.
Epilogue: Overcriminalizing: An Agenda For Change, Paul Rosenzweig
Epilogue: Overcriminalizing: An Agenda For Change, Paul Rosenzweig
American University Law Review
No abstract provided.
2004 Trademark Law Decisions Of The Federal Circuit, Bruce J. Goldner, Kenneth A. Plevan
2004 Trademark Law Decisions Of The Federal Circuit, Bruce J. Goldner, Kenneth A. Plevan
American University Law Review
No abstract provided.
Jurisdiction And Separation Of Powers Strategies To Limit The Expansion Of Federal Crimes, John S. Baker Jr.
Jurisdiction And Separation Of Powers Strategies To Limit The Expansion Of Federal Crimes, John S. Baker Jr.
American University Law Review
No abstract provided.
Ethics And The Problem Of White Collar Crime, John Hasnas
Ethics And The Problem Of White Collar Crime, John Hasnas
American University Law Review
No abstract provided.
The Overcriminalization Phenomenon, Erik Luna
The Overcriminalization Phenomenon, Erik Luna
American University Law Review
No abstract provided.
The Many Faces Of Overcriminalization: From Morals And Mattress Tags To Overfederalization, Sara Sun Beale
The Many Faces Of Overcriminalization: From Morals And Mattress Tags To Overfederalization, Sara Sun Beale
American University Law Review
No abstract provided.
Constitutional Historicism: An Examination Of The Eighth Amendment Evolving Standards Of Decency Test, William C. Heffernan
Constitutional Historicism: An Examination Of The Eighth Amendment Evolving Standards Of Decency Test, William C. Heffernan
American University Law Review
No abstract provided.
Comment: Does Hiibel Redefine Terry? The Latest Expansion Of The Terry Doctrine And The Silent Impact Of Terrorism On The Supreme Court's Decision To Compel Identification, Jamie L. Stulin
American University Law Review
No abstract provided.
The Federal Marriage Amendment: To Protect The Sanctity Of Marriage Or Destroy Constitutional Democracy?, Joan Schaffner
The Federal Marriage Amendment: To Protect The Sanctity Of Marriage Or Destroy Constitutional Democracy?, Joan Schaffner
American University Law Review
No abstract provided.
Comment: Agency And Liability In Sexual Harassment Law: Toward A Broader Definition Of Tangible Employment Actions, Aric G. Elsenheimer
Comment: Agency And Liability In Sexual Harassment Law: Toward A Broader Definition Of Tangible Employment Actions, Aric G. Elsenheimer
American University Law Review
No abstract provided.
Foreword: Overcriminalization: The Politics Of Crime, Ellen S. Podgor
Foreword: Overcriminalization: The Politics Of Crime, Ellen S. Podgor
American University Law Review
No abstract provided.
Defining Overcriminalization Through Cost-Benefit Analysis: The Example Of Criminal Copyright Laws, Geraldine Szott Moohr
Defining Overcriminalization Through Cost-Benefit Analysis: The Example Of Criminal Copyright Laws, Geraldine Szott Moohr
American University Law Review
No abstract provided.
Targeting Legal Advice, Peter J. Henning
Targeting Legal Advice, Peter J. Henning
American University Law Review
No abstract provided.
Ballot Fees As Impermissible Qualifications For Federal Office, Mark R. Brown
Ballot Fees As Impermissible Qualifications For Federal Office, Mark R. Brown
American University Law Review
No abstract provided.
The Flat Tax: A Panacea For Privacy Concerns?, Cynthia Blum
The Flat Tax: A Panacea For Privacy Concerns?, Cynthia Blum
American University Law Review
No abstract provided.
In Defense Of Rules And Roles: The Need To Curb Extreme Forms Of Per Se Assistance And Accommodation In Litigation, Drew A. Swank
In Defense Of Rules And Roles: The Need To Curb Extreme Forms Of Per Se Assistance And Accommodation In Litigation, Drew A. Swank
American University Law Review
No abstract provided.
Comment: Stop Loss: Illegal Conscription In America?, Daniel C. Brown
Comment: Stop Loss: Illegal Conscription In America?, Daniel C. Brown
American University Law Review
No abstract provided.
The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven J. Cleveland
The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven J. Cleveland
American University Law Review
No abstract provided.
Co-Invest At Your Own Risk: An Exploration Of Potential Remedial Theories For Breaches Of Rights First Refusal In The Venture Capital Context, Elizabeth Cosenza
Co-Invest At Your Own Risk: An Exploration Of Potential Remedial Theories For Breaches Of Rights First Refusal In The Venture Capital Context, Elizabeth Cosenza
American University Law Review
No abstract provided.
"Racially-Tailored" Medicine Unraveled, Sharona Hoffman
"Racially-Tailored" Medicine Unraveled, Sharona Hoffman
American University Law Review
In June 2005, the FDA approved BiDil, a heart failure medication that is labeled for use only by African-Americans and thus is the first treatment of its kind. The drug likely portends a future of growing interest in "race-based" medicine. This phenomenon is emerging at the same time that scientists, in light of the Human Genome Project, are reaching an understanding that "race" has no biological meaning, and consequently, "racially-tailored" medicine is both puzzling and troubling. This Article explores the reasons for the new focus on "racial-profiling" in medicine. It analyzes the risks and dangers of this approach, including medical …
Foreward: The Federal Circuit In Perspective, Pauline Newman
Foreward: The Federal Circuit In Perspective, Pauline Newman
American University Law Review
No abstract provided.
The Proven Key: Roles And Rules For Dictionaries At The Patent Office And The Courts, Joseph Scott Miller, James A. Hilsentege
The Proven Key: Roles And Rules For Dictionaries At The Patent Office And The Courts, Joseph Scott Miller, James A. Hilsentege
American University Law Review
No abstract provided.
2004 Patent Law Decisions Of The Federal Circuit, Steven C. Cherny, David A. Nelson, Kenneth G. Schuler, Peter N. Witty, Sasha Mayergoyz, Amanda J. Hollis
2004 Patent Law Decisions Of The Federal Circuit, Steven C. Cherny, David A. Nelson, Kenneth G. Schuler, Peter N. Witty, Sasha Mayergoyz, Amanda J. Hollis
American University Law Review
No abstract provided.